Fair Employment Practices Law Summaries

Fair Employment Practices Law Summaries

Illinois, Fair Employment Practices Law Summaries

The Illinois Human Rights Act generally prohibits employment discrimination in the state. The law is codified in Ch. 775 of the Illinois Compiled Statutes (for full text of the law, see Employment Practices Guide ¶14-20,025 et seq. ). Sexual orientation is a protected class under the Human Rights Act-see ¶14-3100 ) for details.

DEFINITIONS

“Marital status” means the legal status of being married, single, separated, divorced or widowed (Sec. 5/1-103).

“Age” means the chronological age of a person who is at least 40 years old, except with regard to any practice described in Sec. 2-102, insofar as that practice concerns training or apprenticeship programs. In the case of training or apprenticeship programs, for the purposes of Sec. 2-102, “age” means the chronological age of a person who is 18 but not yet 40 years old (775 ILCS 5/1-103).

“Military status” means a person's status on active duty in or status as a veteran of the armed forces of the U.S., status as a current member or veteran of any reserve component of the armed forces of the U.S., including the U.S. Army Reserve, U.S. Marine Corps Reserve, U.S. Navy Reserve, U.S. Air Force Reserve, and U.S. Coast Guard Reserve, or status as a current member or veteran of the Illinois Army National Guard or Illinois Air National Guard (775 ILCS 5/1-103, as amended by H. 4822, L. 2005, effective May 26, 2006).

“Employee” includes (Sec. 5/2-101):

1. individuals performing services for remuneration within Illinois for an employer;

2. apprentices and applicants for any apprenticeship.

The term does not include (Sec. 5/2-101):

1. domestic servants in private homes;

2. individuals employed by persons who are not employers;

3. elected public officials or their immediate personal staffs;

4. principal administrative officers of the state or of any political subdivision, municipal corporation or other government unit or agency;

5. persons in a federally certified vocational rehabilitation facility who have been designated evaluees, trainees or work activity clients.

“Employer” includes (Sec. 5/2-101):

1. persons employing 15 or more employees within Illinois during 20 or more calendar weeks within the current or preceding calendar year;

2. persons employing one or more employees for a complaint alleging unlawful discrimination based upon physical or mental disability unrelated to ability or sexual harassment;

3. the state and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;

4. parties to a public contract without regard to the number of employees;

5. joint apprenticeship or training committees without regard to the number of employees.

The term does not include any religious corporation, association, educational institution, society, or nonprofit nursing institution that relies upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination for the employment of individuals of a particular religion to perform its work activities (Sec. 5/2-101).

The following definitions apply only to the Equal Pay Act of 2003:

“Employee” means any individual permitted to work by an employer (Sec. 5, S. 2, L. 2003).

“Employer” means an individual, partnership, corporation, association, business, trust, person, or entity for whom four or more employees are gainfully employed in Illinois and includes the State of Illinois, any state officer, department, or agency, any unit of local government, and any school district (Sec. 5, S. 2, L. 2003).

COVERAGE

Employers covered under the Illinois' Human Rights Act include (Sec. 5/2-101):

1. persons employing 15 or more employees within Illinois during 20 or more calendar weeks within the current or preceding calendar year;

2. persons employing one or more employees when a complaint alleges discrimination based upon physical or mental handicap unrelated to ability or sexual harassment;

3. the state and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;

4. parties to a public contract without regard to the number of employees;

5. joint apprenticeship or training committees without regard to the number of employees.

Not covered are religious corporations, associations, educational institutions, societies, and nonprofit nursing institutions that rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination for the employment of individuals of a particular religion to perform its work activities (Sec. 5/2-101).

EXCEPTIONS

Bona fide occupational qualifications.- Employers may hire or select between persons for bona fide occupational qualifications (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997).

Bona fide merit or retirement system.- Applying different standards of compensation, or different terms, conditions or privileges of employment under a merit or retirement system is not unlawful if the system is not used as a subterfuge for or does not have the effect of unlawful discrimination (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997).

Compulsory retirement for executives or policymaking positions.- Compulsory retirement of any employee who is 65 years of age and who, for two years immediately preceding retirement, is employed in a bona fide executive or high policymaking position is permissible if the employee is entitled to an immediate nonforfeitable annual retirement benefit from the employer's pension, profit-sharing, savings, or deferred compensation plan, or any combination of plans, that equals, in the aggregate, at least $44,000 (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997).

Veterans' preference.- Giving preferential treatment to veterans and their relatives as required by state or federal law or a unit of local government is not unlawful (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997).

Using unfavorable discharge from military service as a valid employment criterion is permissible when authorized by federal law or regulation or when a job involves fiduciary responsibilities (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997).

Citizenship.- Making legitimate distinctions based on citizenship status is not unlawful if specifically authorized or required by law (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997).

WHAT THE EMPLOYER MUST DO

It is a civil rights violation for an employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of unlawful discrimination or citizenship status (Sec. 5/2-102, as amended by H. 166, L. 2007, enacted August 6, 2007).

“Unlawful discrimination” means discrimination against a person because of his or her race, color, religion, national origin, ancestry, age, sex, marital status, handicap, military status, sexual orientation, or unfavorable discharge from military status (Sec. 5/1-103).

Sexual harassment.- It is a civil rights violation for an employer to engage in sexual harassment; provided, that an employer shall be responsible for sexual harassment of the employer's employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures (Sec. 5/2-102, as amended by H. 166, L. 2007, enacted August 6, 2007).

Case law.- An employer was strictly liable for a supervisor’s sexual harassment of an employee even though he was not that employee’s supervisor, ruled the Illinois supreme court. Reversing an appellate court decision which found the alleged harasser was a “coemployee” and the employer was not liable because it took reasonable corrective measures upon learning of the harassment, the state supreme court based liability on the supervisor’s status as a supervisory employee. Although the employee and alleged harasser worked different shifts in different divisions, the court pointed to the plain language of the Illinois Human Rights Act, which stated “an employer is liable for the sexual harassment of its employees” and concluded it was irrelevant that the supervisor did not have direct authority over the complaining employee’s working conditions. There was no language in the Act that limited the employer’s liability based on the harasser’s relationship to the victim, continued the court. “Where the statutory language is clear, we may not read into it limitations that the legislature did not express.” Although the Act contains language limiting an employer’s liability “where the offending employee is either a ‘nonemployee’ or ‘nonmanagerial or nonsupervisory employee’,” the facts in this case did not fall within the limitation (Sangamon County Sheriff’s Dept v The IL Human Rights Comm’n , IllSCt, April 16, 2009).

Sexual orientation.- See ¶14-3100 for details.

Language.- It is a civil rights violation for an employer to impose a restriction that has the effect of prohibiting a language from being spoken by an employee in communications that are unrelated to the employee's duties. For the purposes of this subdivision, “language” means a person's native tongue, such as Polish, Spanish, or Chinese. The terms does not include such things as slang, jargon, profanity or vulgarity (775 ILCS 5/2-102(A-5), as added by S. 679, L. 2003).

Apprenticeship programs.- Employers must select, refer for and conduct apprenticeship or training programs without regard to a person's age (Sec. 5/2-102, as amended by H. 166, L. 2007, enacted August 6, 2007).

Immigration.- Employers may not request for purposes of satisfying the requirements of Sec. 1324a(b) of Title 8 of the United States Code (see EQUAL EMPLOYMENT OPPORTUNITY ¶8600 ), more or different documents than are required under such section, nor may they refuse to honor documents that on their face reasonably appear to be genuine (Sec. 5/2-102(G)(1), as amended by H. 166, L. 2007, enacted August 6, 2007; and by H. 1743, L. 2007, enacted August 13, 2007).

It is a civil rights violation for an employer participating in the Basic Pilot Program, as authorized by 8 USC 1324a, Notes, Pilot Programs for Employment Eligibility Confirmation, to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment without following the procedures under the Basic Pilot Program (Sec. 5/2-102(G)(2), as added by H. 1743, L. 2007, enacted August 13, 2007).

Public employers.- Public employers must permit a public employee who takes time off from work in order to practice religious beliefs to work during hours other than the employee's regular working hours, consistent with the operational needs of the employer and to compensate for work time lost for religious reasons (Sec. 5/2-102, as amended by H. 166, L. 2007, enacted August 6, 2007).

Any employee who elects such deferred work shall be compensated at the wage rate which he or she would have earned during the originally scheduled work period. The employer may require that an employee who plans to take time off from work in order to practice his or her religious beliefs provide the employer with a notice of his or her intention to be absent from work not exceeding five days prior to the date of absence (Sec. 5/2-102, as amended by H. 166, L. 2007, enacted August 6, 2007).

Every state executive department, state agency, board, commission, and instrumentality must (Sec. 5/2-105, as amended by S. 1174, L. 1999):

1. comply with the Department's regulations concerning equal employment opportunities and affirmative action;

2. provide information and assistance as the Department may request;

3. establish, maintain, and carry out a continuing affirmative action plan;

4. if the agency has 1000 or more employees, appoint a full Equal Employment Opportunity officer, subject to the Department's approval;

5. establish, maintain and carry out a continuing sexual harassment program.

School employees.- School boards shall require of new employees evidence of physical fitness to perform duties assigned and freedom from communicable disease, including tuberculosis. Such evidence shall consist of a physical examination and a tuberculin skin test and, if appropriate, an x-ray, made by a physician licensed in Illinois or any other state to practice medicine and surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority to perform health examinations by his or her supervising physician not more than 90 days preceding time of presentation to the board, and cost of such examination shall rest with the employee. The board may from time to time require an examination of any employee by a health care provider described just above and shall pay the expenses thereof from school funds. School boards may require teachers in their employ to furnish from time to time evidence of continued professional growth (105 ILCS 5/24-5, as amended by S. 1626, L. 2005, effective July 28, 2005).

Fire protection districts.- Any elected or appointed trustee of a fire protection district shall be entitled to absent himself or herself from any services or employment in which the trustee is then engaged or employed on the day and time of a meeting of the board of trustees of the fire protection district for the period of time during which the meeting is held and during any necessary time required to travel to and from the meeting. Any trustee availing himself or herself of this provision shall not be penalized in any manner by his or her employer as a result of an absence authorized by this subsection; however, the employer shall not be required to compensate the trustee for the time during which the trustee is absent. No employer shall refuse to grant to a trustee of a fire protection district the privilege granted by this subsection, nor shall any employer penalize or otherwise discriminate against any trustee who avails himself or herself of the provisions of this subsection, except as otherwise provided herein. No employer may directly or indirectly violate the provisions of this subsection (70 ILCS 705/4, as amended by P.A. 866 (S. 2748), L. 2007, enacted August 19, 2008).

Equal pay.- Any employer of six or more persons in Illinois engaged in the manufacture of any article, who pays any person engaged in such manufacture an unequal wage for equal work, by time or piece work, than is being paid to any other person employed in such manufacture, will be guilty of a petty offense and will be fined not less than $25 nor more than $100. The law does not prohibit a variation in rates of pay based upon either difference in seniority, experience, training, skill or ability, or difference in duties or services performed (whether regularly or occasionally), or difference in availability for other operations, or any other reasonable classification, excepting difference in sex. Also, the law does not prohibit such variation where the same is authorized by a contract between an employer and a recognized bargaining agent (820 ILCS 110/1).

Any action based upon or arising under the equal pay law must be instituted within six months after the date of the alleged violation (820 ILCS 110/2).

Equal Pay Act of 2003.- No employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where the payment is made under (Sec. 10, S. 2, L. 2003)

1. a seniority system;

2. a merit system;

3. a system that measures earnings by quantity or quality of production; or

4. a differential based on any other factor other than (a) sex or (b) a factor that would constitute unlawful discrimination under the Illinois Human Rights Act. An employer who is paying wages in violation of the Equal Pay Act of 2003 may not, to comply with the law, reduce the wages of any other employee.

Nothing in the Equal Pay Act of 2003 may be construed to require an employer to pay, to any employee at a workplace in a particular county, wages that are equal to the wages paid by that employer at a workplace in another county to employees in jobs the performance of which requires equal skill, effort , and responsibility, and which are performed under similar working conditions (Sec. 10, S. 2, L. 2003).

It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under the Equal Pay Act of 2003. It is unlawful for any employer to discharge or in any other manner discriminate against any individual for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee, or aiding or encouraging any person to exercise his or her rights under the law (Sec. 10, S. 2, L. 2003).

It is unlawful for any person to discharge or in any other manner discriminate against any individual because the individual (Sec. 10, S. 2, L. 2003):

1. has filed any charge or has instituted or caused to be instituted any proceeding under or related to this Act;

2. has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under the Equal Pay Act of 2003; or

3. has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under the Equal Pay Act of 2003.

The Director of Labor or his or her authorized representative enforces the Equal Pay Act of 2003 (Sec. 15, S. 2, L. 2003).

Pregnancy; peace officers and fire fighters.- It is a civil rights violation for a public employer to refuse to temporarily transfer a pregnant female peace officer or pregnant female fire fighter to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where that transfer can be reasonably accommodated. For the purposes of this subdivision, “peace officer”and “fire fighter” have the meanings ascribed to those terms in Sec. 3 of the Illinois Public Labor Relations Act (Sec. 5/2-102(H), as added by H. 166, L. 2007, enacted August 6, 2007).

Broadcast Industry Free Market Act.- No broadcasting industry employer may require in an employment contract that an employee or prospective employee refrain from obtaining employment in a specific geographic area for a specific period of time after termination of employment with that broadcasting industry employer. This does not prevent the enforcement of a covenant not to compete during the term of an employment contract or against an employee who breaches an employment contract (S. 720, L. 2001).

Electronic monitoring.-Mining/wireless tracking devices.- A wireless tracking device approved by the Mining Board must be worn by each person underground. The mine operator shall provide these devices. The tracking device must be capable of providing real-time monitoring of the physical location of each person underground in the event of an accident or other emergency. No person may discharge or discriminate against any underground employee based on information gathered by a wireless tracking device during nonemergency monitoring (225 ILCS 705/29.06, as added by S. 929, L. 2005, effective July 24, 2006).

NOTICE

As relief or a penalty for a civil rights violation, an employer may be directed to post conspicuously notices setting forth requirements for compliance with the Human Rights Act or other relevant information that the Commission determines necessary (Sec. 5/8A-104).

Sexual harassment.- State executive departments, state agencies, boards, commissions and instrumentalities must post prominently and distribute annually to all agency employees without exception the agency's sexual harassment policy. Such policy may meet, but shall not exceed, the 6th grade literacy level (Sec. 5/2-105, as amended by S. 1174, L. 1999, effective June 1, 2000).

Affirmative action.- The Department must notify a public contractor or eligible bidder in writing by certified mail that it may not be in compliance with affirmative action requirements and allow a minimum of 60 days for compliance (Sec. 5/2-105, as amended by S. 1174, L. 1999, effective June 1, 2000).

DEADLINES

Persons aggrieved by an alleged unlawful employment practice may file a charge with the Illinois Department of Human Rights within 180 days of occurrence (Sec. 5/7A-102, as amended by H.B. 741, L. 1995).

POLICIES

Drug testing.- Employers may adopt reasonable drug testing policies to ensure that individuals who have completed or are participants in a supervised drug rehabilitation program or who are otherwise rehabilitated are no longer using drugs (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997).

An employer may (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997):

1. prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;

2. require that employees not be under the influence of alcohol or engage in illegal drug use at the workplace;

3. require that employees conform to the requirements of federal drug-free workplace laws;

4. hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior to which other employees are held, even if unsatisfactory performance or behavior is related to drug use or alcoholism; and

5. with respect to federal regulations regarding alcohol and the illegal use of drugs, require that employees comply with the United States Department of Defense, the Nuclear Regulatory Commission or Department of Transportation regulations, if applicable.

Affirmative action/state agencies.- State executive departments, state agencies, boards, commissions and instrumentalities must carry out a continuing affirmative action plan consistent with the state's Human Rights Act and Department regulations designed to promote equal opportunity for all state residents in all aspects of agency personnel policy and practice. For purposes of these plans, race and national origin categories to be included are: African American, Hispanic or Latino, Native American, Asian, and any other category as required by Department rule. This plan must include a current detailed status report (Sec. 5/2-105, as amended by S. 1174, L. 1999, effective June 1, 2000):

1. indicating, by each position in state service, the number, percentage, and average salary of individuals employed by race, national origin, sex and disability, and any other category that the Department may require by rule;

2. identifying all positions where the percentage of people employed by such categories is less than of the percentage of each of those components in the state work force;

3. specifying the goals and methods for increasing the percentage by such categories in state positions;

4. indicating progress and problems toward meeting equal employment opportunity goals;

5. establishing a numerical hiring goal for employing qualified persons with disabilities in the agency as a whole, based on the proportion of people with work disabilities in the Illinois labor force as reflected in the most recent decennial census.

Sexual harassment/state agencies.- State executive departments, state agencies, boards, commissions and instrumentalities must carry out a continuing sexual harassment program that includes the development of a written sexual harassment policy which at a minimum contains (Sec. 5/2-105, as amended by S. 1174, L. 1999, effective June 1, 2000):

1. the illegality of sexual harassment;

2. the definition of sexual harassment under state law;

3. a description of sexual harassment, utilizing examples;

4. the agency's internal complaint process, including penalties;

5. the legal recourse, investigative and complaint process available through the Department and the Commission;

6. directions on how to contact the Department and Commission; and

7. protection against retaliation.

This annually-reviewed policy must be posted prominently and distributed in a manner to assure notice to all agency employees of the agency's sexual harassment policy. Such documents may meet, but shall not exceed, the 6th grade literacy level (Sec. 5/2-105, as amended by S. 1174, L. 1999, effective June 1, 2000).

TESTING

Ability tests.- Employers may give or act upon the results of any professionally developed ability test provided that the test, its administration, or action upon the results is not used as a subterfuge for unlawful discrimination (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997, effective August 17, 1997).

Drug tests.- Employers may administer reasonable drug testing policies designed to ensure that individuals who have completed or are participating in supervised drug rehabilitation programs or who have otherwise been rehabilitated are no longer using drugs (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997, effective August 17, 1997).

Testing for illegal use of drugs is not considered a medical examination. The Human Rights Act does not encourage, prohibit or authorize drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on test results. The Act does not encourage, prohibit, restrict or authorize the otherwise lawful acts by an employer subject to the jurisdiction of the U.S. Department of Transportation to (Sec. 5/2-104, as amended by Act 90-481 (S. 106), L. 1997, effective August 17, 1997):

1. test employees and applicants for positions involving safety-sensitive duties for illegal use of drugs and for on-duty impairment by alcohol; and

2. remove persons who test positive for illegal use of drugs and on-duty impairment by alcohol from their duties.

TRAINING

Affirmative action/state agencies.- State agencies that fail to meet their affirmative action and equal employment opportunity goals by equal employment opportunity category must establish training programs for preparation and promotion of the category of individuals affected by the failure (Sec. 5/7-105).

Sexual harassment/state agencies.- State executive departments, state agencies, boards, commissions and instrumentalities must provide training on sexual harassment prevention and the agency's sexual harassment policy as part of all ongoing or new employee training programs (Sec. 5/2-105, as amended by S. 1174, L. 1999, effective June 1, 2000).

Methamphetamine Precursor Control Act.- Every retail distributor of any targeted methamphetamine precursor shall train each sales employee on the topics listed on a specified, detailed certification form. This training may be conducted by a live trainer or by means of a computer-based training program. This training shall be completed on or about February 14, 2006, or within 30 days of the date that each sales employee begins working for the retail distributor, whichever of these two dates comes later (720 ILCS 648/35(a), as added by S. 273, L. 2005, effective January 15, 2006).

Immediately after training each sales employee as required by law, every retail distributor of any targeted methamphetamine precursor shall have each sales employee read, sign, and date the certification form required by state statute (720 ILCS 648/35(b), as added by S. 273, L. 2005, effective January 15, 2006). The certification form may be signed with a handwritten signature or an electronic signature that includes a unique identifier for each employee. The certification shall be retained by the retail distributor for each sales employee for the duration of his or her employment and for at least 30 days following the end of his or her employment. Any such form shall be made available for inspection and copying by any law enforcement officer upon request of that officer. These records may be kept in electronic format if they include all the information specified in this section in a manner that is readily retrievable and reproducible in hard-copy format (720 ILCS 648/35(c), as added by S. 273, L. 2005, effective January 15, 2006).

The training requirements set forth just above apply to the distribution of convenience packages away from pharmacy counters as set forth in the law, but do not apply to the distribution of targeted methamphetamine precursors through a pharmacy as set forth in 720 ILCS 648/25 (720 ILCS 648/35(e), as added by S. 2391, L. 2005, effective June 5, 2006).

ENFORCEMENT

A person aggrieved by an alleged unlawful employment practice may file a charge with the Illinois Department of Human Rights within 180 days of occurrence, or the Department itself may issue a charge.

Investigation and conciliation.- If there is substantial evidence that the civil rights violation occurred, a Department attorney will try to eliminate the effect of the alleged violation and prevent its repetition by means of conference and conciliation.

Complaint and hearing.- If conciliation is not successful, the Department must prepare and file a written complaint with the Human Rights Commission, and a hearing will be held. The Commission may adopt, modify or reverse the findings and recommendations of the hearing officer. Rehearing may be requested, but they are viewed with disfavor. Judicial review may be obtained (Sec. 5/7A-102, as amended by H.B. 741, L. 1995; Sec. 5/8A-102, as amended by H.B. 741, L. 1995; Sec. 5/8A-103, as amended by H.B. 741 and H.B. 1797, L. 1995; and Sec. 5/8-111, as amended by H.B. 1797, L. 1995).

Equal pay.- See WHAT THE EMPLOYER MUST DO, above.

WHO TO CONTACT

James R. Thompson Center, 100 W. Randolph Street., Suite 5-100, Chicago, IL 60601. Telephone: (312) 814-6269. Fax: (312) 814-6517. TDD: (312) 263-4760.

William G. Stratton Office Building, Room 404, Springfield, IL 62706. Telephone: (217) 785-4350.

RECORDKEEPING

Private and public employers.- Employers must preserve and maintain the following records, to the extent they exist: (1) applications, resumes, interview forms, aptitude or qualifying examinations, personal history or background examination reports, medical history and physical exam reports, and other documents pertaining to each applicant for one year from the date of application; (2) each employee's personnel file, including performance evaluations, attendance/tardiness records, reprimands, disciplinary records, and suspension, layoff, termination or resignation records for one year from the date of termination; and (3) job descriptions, production standards and other records of job duties, qualifications and performance criteria for one year after the date they cease to be effective (Ill AdminCode, Title 56, Sec. 2520.110).

As a remedy for civil rights violations, employers may be required to prepare reports as to the manner of compliance (775 ILCS 5/8A-104).

Equal Pay Act of 2003.- An employer subject to this law must make and preserve records that document the name, address, and occupation of each employee, the wages paid to each employee, and any other information the Director of Labor may by rule deem necessary and appropriate for enforcement of the law. An employer subject to any provision of the law must preserve those records for a period of not less than three years and must make reports from the records as prescribed by rule or order of the Director (Sec. 20, S. 2, L. 2003).

POSTING

As relief or a penalty for a civil rights violation, an employer may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Human Rights Act or other relevant information that the Commission determines necessary (775 ILCS 5/8A-104).

Equal Pay Act of 2003.- Every employer covered by this law must post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved by the Director of Labor, summarizing the requirements of this law and information pertaining to the filing of a charge. The director shall furnish copies of summaries and rules to employers upon request without a charge (Sec. 40, S. 2, L. 2003).

Sexual harassment.- State executive departments, state agencies, boards, commissions and instrumentalities must post prominently and distribute annually notice to all agency employees of the agency's sexual harassment policy. Such documents may meet, but must not exceed, the 6th grade literacy level (Sec. 5/2-105, as amended by S. 1174, L. 1999, effective June 1, 2000).

See ¶14-9900 for the sexual harassment notice.

PENALTIES

Relief or penalties for civil rights violations may include, separately or in combination, orders directing the employer to (775 ILCS 5/8A-104):

1. cease and desist from any violation of the Human Rights Act;

2. pay actual damages for injury or loss suffered by the individual;

3. hire, reinstate or upgrade the individual with or without back pay or provide fringe benefits that may have been denied;

4. admit or restore the individual to a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program;

5. pay to the individual the costs of maintaining the action, including reasonable attorneys' fees and expert witness fees;

6. report as to the manner of compliance;

7. post in a conspicuous place notices setting forth requirements for compliance with the Human Rights Act or other relevant information that the Commission determines necessary;

8. take such action as may be necessary to make the individual whole, including, but not limited to, awards of interest on the individual's actual damages and back pay from the date of the violation.

Licensees.- In the case of an employer operating by virtue of a license issued by the state, a political subdivision, or any agency thereof who commits a civil rights violation, penalties may include suspension or revocation of the employer's license (Sec. 5/8-109).

Equal pay.- See also WHAT THE EMPLOYER MUST DO, above.

Equal Pay Act of 2003.- If an employee is paid by his or her employer less than the wage to which he or she is entitled in violation of this law, the employee may recover in a civil action the entire amount of any underpayment together with interest and the costs and reasonable attorney's fees as may be allowed by the court and as necessary to make the employee whole. At the request of the employee or on a motion of the Director of Labor, the Department of Labor may make an assignment of the wage claim in trust for the assigning employee and may bring any legal action necessary to collect the claim, and the employer shall be required to pay the costs incurred in collecting the claim. Every such action shall be brought within three years from the date the employee learned of the underpayment (Sec. 30, S. 2, L. 2003).

Any employer who violates any provision of the Equal Pay Act of 2003 is subject to a civil penalty not to exceed $2,500 for each violation for each employee affected (Sec. 30, S. 2, L. 2003).

Any employer who has been ordered by the Director of Labor or the court to pay wages due an employee and who fails to do so within 15 days after the order is entered is liable to pay a penalty of one percent per calendar day to the employee for each day of delay in paying the wages to the employee, up to an amount equal to twice the sum of unpaid wages due the employee (Sec. 35, S. 2, L. 2003).

Any employer, or any agent of an employer, who knowingly discharges or in any other manner knowingly discriminates against any employee because that employee has made a complaint to his or her employer, or to the Director of Labor or his or her authorized representative, that he or she or any employee of the employer has not been paid in accordance with the Equal Pay Act of 2003, or because that employee has instituted or caused to be instituted any proceeding under or related to the law or consulted counsel for such purposes, or because that employee has testified or is about to testify in an investigation or proceeding under the law, or offers any evidence of any violation of the law, shall be liable to the employee for such legal and equitable relief as may be appropriate to effectuate the purposes of this section, the value of any lost benefits, back pay, and front pay as appropriate so long as the employee has made reasonable efforts to mitigate his or her damages and an additional equal amount as liquidated damages (Sec. 35, S. 2, L. 2003).

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Illinois, Fair Employment Practices Law Summaries

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